58
(4) SAHRA may, with the consent of the Minister and the Minister of Foreign Affairs,
liaise and co-operate with the authority responsible for the protection of cultural
property in any reciprocating state and may enter into agreements with any such
authority with regard to the return to the country of origin of any heritage object or
cultural property which is illegally imported into South Africa or the reciprocating state,
whether specifically or in general.
5
Structures
34. (1) No person may alter or demolish any structure or part of a structure which is
older than 60 years without a permit issued by the relevant provincial heritage resources
authority.
10
(2) Within three months of the refusal of the provincial heritage resources authority to
issue a permit, consideration must be given to the protection of the place concerned in
terms of one of the formal designations provided for in Part 1 of this Chapter.
(3) The provincial heritage resources authority may at its discretion, by notice in the
Provincial Gazette, make an exemption from the requirements of subsection (1) within 15
a defined geographical area, or for certain defined categories of site within a defined
geographical area, provided that it is satisfied that heritage resources falling into the
defined area or category have been identified and are adequately provided for in terms
of the provisions of Part 1 of this Chapter.
(4) Should the provincial heritage resources authority believe it to be necessary it 20
may, following a three-month notice period published in the Provincial Gazette,
withdraw or amend a notice under subsection (3).
Archaeology, palaeontology and meteorites
35. (1) Subject to the provisions of section 8, the protection of archaeological and
palaeontological sites and material and meteorites is the responsibility of a provincial
heritage resources authority: Provided that the protection of any wreck in the territorial
waters and the maritime cultural zone shall be the responsibility of SAHRA.
(2) Subject to the provisions of subsection (8)(a), all archaeological objects,
palaeontological material and meteorites are the property of the State. The responsible
heritage authority must, on behalf of the State, at its discretion ensure that such objects
are lodged with a museum or other public institution that has a collection policy
acceptable to the heritage resources authority and may in so doing establish such terms
and conditions as it sees fit for the conservation of such objects.
(3) Any person who discovers archaeological or palaeontological objects or material
or a meteorite in the course of development or agricultural activity must immediately
report the find to the responsible heritage resources authority, or to the nearest local
authority offices or museum, which must immediately notify such heritage resources
authority.
(4) No person may, without a permit issued by the responsible heritage resources
authority—
(a) destroy, damage, excavate, alter, deface or otherwise disturb any archaeological or palaeontological site or any meteorite;
(b) destroy, damage, excavate, remove from its original position, collect or own
any archaeological or palaeontological material or object or any meteorite;
(c) trade in, sell for private gain, export or attempt to export from the Republic
any category of archaeological or palaeontological material or object, or any
meteorite; or
(d) bring onto or use at an archaeological or palaeontological site any excavation
equipment or any equipment which assist in the detection or recovery of
metals or archaeological and palaeontological material or objects, or use such
equipment for the recovery of meteorites.
(5) When the responsible heritage resources authority has reasonable cause to believe
that any activity or development which will destroy, damage or alter any archaeological
or palaeontological site is under way, and where no application for a permit has been
submitted and no heritage resources management procedure in terms of section 38 has
been followed, it may—
25
30
35
40
45
50
55